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Re: trademark infringement damages

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Posted by The Trademark Attorney on December 10, 1999 at 22:50:32:

In Reply to: trademark infringement damages posted by J. Smith on July 03, 1998 at 07:55:49:

I recently dealt with similar issues in a trademark jury trial involving the defendant's reliance on an opinion from a trademark attorney. Such an opinion may be a defense to willful infringement and certain damages, depending upon the circumstances. Also, the defendant's intent, which can be argued to be good faith reliance on advice of counsel, is one, but only one, factor considered in deciding trademark conflicts. An opinion is not a complete defense to infringement. You might wish to look at the Kelly Blue Book v. Car Smarts case in the Cent. Dist. of Cal. (I was trial counsel for the defendant). No damages were awarded or attorneys's fees, despite willful infringement.

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Subject: Re: Re: trademark infringement damages

Comments:
: I recently dealt with similar issues in a trademark jury trial involving the defendant's reliance on an opinion from a trademark attorney. Such an opinion may be a defense to willful infringement and certain damages, depending upon the circumstances. Also, the defendant's intent, which can be argued to be good faith reliance on advice of counsel, is one, but only one, factor considered in deciding trademark conflicts. An opinion is not a complete defense to infringement. You might wish to look at the Kelly Blue Book v. Car Smarts case in the Cent. Dist. of Cal. (I was trial counsel for the defendant). No damages were awarded or attorneys's fees, despite willful infringement.

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Re: trademark infringement damages

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